Find out what IP protection you might need
Whether you’re launching a new product, brand or creative work, identifying what aspects of your idea need protecting is a critical first step.
Our IP tool is designed to help you identify which types of intellectual property, from patents and trade marks to copyright and designs, may apply to your idea. Whether you’re launching a product, building a brand, or creating original content, it’s a practical starting point to explore your protection options.
Simply answer a few quick questions below to receive a tailored overview based on your specific situation and details on how to access help with the next steps. Please note this is a guide and not legal advice.
Why choosing the right IP protection matters
Every idea has unique elements worth protecting – but not all IP protections are created equal. Misunderstanding what to protect or relying on the wrong type of protection, can expose your business to unnecessary risk. That’s why it’s essential to get the right advice from the start.
At IP Guardian, we make intellectual property protection clear, accessible and affordable. Whether you’re safeguarding an invention, brand, creative work, or all three, our experienced team is here to guide you through the process with practical, client-first advice.
We believe essential legal support shouldn’t be out of reach, which is why we simplify the complexities and offer transparent pricing to help startups, creatives and growing businesses protect what matters most.
FAQs
What’s the difference between patents and trade marks?
Patents protect inventions and new processes. Trade marks, on the other hand, protect brand identifiers such as names, logos, and slogans that distinguish your goods or services in the marketplace.
What’s the difference between trade marks and copyright?
Trade marks protect brand elements (like a logo or product name), while copyright covers creative expressions (like a song, design or software code). They serve different purposes but can often overlap.
What’s the difference between patents and copyright?
Patents protect inventions such as how something works, is made, or functions. This can include new products, processes or technologies. Copyright, on the other hand, protects original creative works like books, music, films and software from being copied.
Another key difference, and one of the most Important to note – copyright protection applies automatically upon creation, whereas patents require a formal application and approval process.
Do I need more than one type of IP protection?
Possibly. Many businesses benefit from layered protection, for example, a patented product may also use trade marks to protect branding, registered designs to protect the aesthetics of a product, and copyright to protect packaging or manuals. Our expert team can guide you on which protection is most suitable for your circumstances.
Is IP protection automatic in Australia?
It depends on the type of intellectual property in question. For instance, copyright is automatic as soon as the work is created and in material form. However, patents, trade marks and registered designs must be applied for in a formal application process to gain enforceable rights.
Can I protect an idea without disclosing it?
Ideas alone can’t be protected by IP law. Protection only applies once the idea has been expressed in a specific form (e.g. as a design, invention or creative work). Keeping your idea confidential may also be important until it’s protected.